LAWG 100D2 Lecture Notes - Lecture 22: Estoppel, Summum, Fiduciary
23 Jan 2018
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Schermaier bona fides in roman contract law (2001): the roman maxim summum ius, summa iniuria ( reducing everything to laws will create the greatest injustice ) ensured that good faith had a prominent place in the roman law of contracts. At the same time, the romans realized that attempting to crystallize tenants of good faith in to law would simply create inflexible new law that would eventually yield unjust results. Good faith had to remain a generalized, vague obligation it could not be codified or reduced to a formula. 1375 the parties shall conduct themselves in good faith when creating and also while performing the contract. 6: every person is bound to exercise his civil rights in accordance with the requirements of good faith. 7: no right may be exercised with the intent of injuring another or in an excessive and unreasonable manner, and therefore contrary to the requirements of good faith.
